Legal Education, State Bar & Bar Associations
Advocates characterize diploma privilege as a reasonable defense of students who navigate strained finances, immigration strug...
Law Practice
The appointment of a guardian ad litem in civil litigation is usually done under the radar and therefore avoids public scrutin...
Civil Litigation, Judges and Judiciary
When will civil litigation return to normal?
I hear the clamor at the courthouse doors: “I need this pandemic thing to end, at least in so far as it interferes with my lit...
Civil Rights, Law Practice, Military Law
Veterans on active duty for veterans
Veteran service organizations fight for and support veterans as new concerns arise, including veterans’ issues resulting from ...
Legal Education
Nearly 1,400 signatories have signed onto a letter to the Supreme Court of California, respectfully requesting an order granti...
Judges and Judiciary
Needing a haircut
Reflections on lockdown.
Government
Six days after Gov. Newsom declared a state of emergency, the LA Alliance for Human Rights, a coalition of business interests ...
Criminal
Correctional health experts have made clear that flattening the curve also requires significantly depopulating prisons, jails,...
Law Practice
House arrest
Now I know what it’s like. I am under house arrest. Yes, I know I am not the only one. But I have a probation officer. Her nam...
Judges and Judiciary, Law Practice
This past weekend, California Chief Justice Tani G. Cantil-Sakauye, with the approval of the Judicial Council, took several ex...
Government
“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...
Alternative Dispute Resolution
A Chinese proverb says, “Be not afraid of growing slowly, be afraid only of standing still.” With the abrupt shut down of all ...
Constitutional Law, Criminal, Judges and Judiciary
Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.
Government, Military Law
The National Guard: Always ready, always there
For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...
Civil Rights, Constitutional Law, Law Practice
Goldilocks and the 3 Batson fixes
Batson’s prohibition is easy to articulate, but significantly harder to enforce.
Constitutional Law, Government
The governor’s emergency powers are just right
Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...
Criminal, Health Care & Hospital Law
Release prisoners to address the COVID-19 crisis
Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...
Criminal, Law Practice
Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...
The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...
Labor/Employment
Coronavirus: Top 10 issues for employers
The coronavirus outbreak has caused concern for companies worldwide as they navigate and plan for its impact on their business...
Judges and Judiciary
The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.
Military Law, Health Care & Hospital Law
Recent developments in veterans’ law
Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.
Labor/Employment, Government
One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...
Constitutional Law, U.S. Supreme Court
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...
Judges and Judiciary, Law Practice
Algorithms and the persuadable judge
Algorithms might persuade, but only humans can be persuaded.
The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...
Immigration, Constitutional Law, U.S. Supreme Court
Supreme Court to consider broad immigration-speech law
The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...
Alternative Dispute Resolution, Civil Litigation, Labor/Employment
Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...
Corporate, Labor/Employment
California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...
Constitutional Law, Criminal
Face-to-face confrontation: Who should connect the dots?
The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...